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Posted on August 13, 2018 by -
Terms of Service
These Terms of Service (“Terms”), together with our Privacy Notice [ https://www.cellocator.com/privacy-policy/], are a legally binding agreement between you (“User”, “you”, or any variations thereof) and us (collectively: “us”, “we”, or any variations thereof), and shall cover your browsing and any other use of the https://www.pointer.com (“Domain”), which provides access to the sites, templates, products, tools, features, software, programs, code, technology, plug-ins, graphics, audiovisual content, components, services, upgrades, updates and all related applications, available now or in the future provided us, and any content and/or URL pages included under the said Domain (collectively: the “Website”).
From time to time and at its sole discretion, we may amend, change or replace these Terms, by posting updated versions at the Domain or by notifying you by other means. All such modifications to the Terms shall become effective upon the posting of the revised Terms or by receipt of notification of a change to the Terms. If you do not agree to the new or different Terms, you should not use or access the services offered under the Website.
The Website provides you with comprehensive information and resources about Pointer’s products, system, technology and any other content related thereto (including contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, documentation, data, and related graphics and other features (collectively, the “Content”).
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE IS RESERVED TO POINTER TELOCATIONS LTD. THE COMMERCIAL PRODUCTS MAY VARY. THE CONTENT AVAILABLE ON OUR SITE DOES NOT CONSTITUTE AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITY IN ANY JURISDICTION.
You understand that in order to access or otherwise certain or all features of the Website you will be required to set up a user account (the “Account”). In order to set up your Account you will be required to provide certain information, including without limitations, contact information. Our use and storage of the information you share with us in that respect shall also be in accordance with these Terms of Service and our Privacy Notice.
For the avoidance of doubt, User’s Account, and any privileges granted with respect to such Account, is personal and non-transferrable. User may not assign, transfer or share access to the Account.
We might, at our sole discretion, change, annul and/or otherwise reclaim the username associated with your Account, in the event that we believe that you have violated these Terms of Service.
DESPITE US MAINTAINING REASONABLE MEASURES TO SECURE AND PROTECT YOUR ACCOUNT INFORMATION REGARDING YOUR ACCESS TO THE WEBSITE, WE CAN NOT ENSURE FULL PROTECTION FROM EXPOSURE DUE TO MALICIOUS ACTS, AND THEREFORE ARE NOT LIABLE TO ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCURRED BY USER DUE TO ANY SUCH EXPOSURE OF ACCOUNT CONTENTS OR INFORMATION REGARDING YOUR ACCESS.
Use of Website
You acknowledge that any rights granted to you herein, are non-exclusive, such that any use of the content offered to you and/or make available to you via the Website (including the Output Content, if applicable), is subject to the herein terms.
Legal Age. You are not allowed to make any use of the Website in the event that you are under the age of 16. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of sixteen (16) are not using the site.
Compliance. Notwithstanding anything to the contrary herein, you agree to abide by all applicable local, state, national and international laws and regulations in regards to your use of the Website. For the avoidance of doubt, the ability to access our Website does not necessarily mean that your use thereto is legal under relevant laws, regulations and directives.
Additional Guidelines. In addition to the foregoing, using the Website, you will strictly adhere with the Website guidelines published by us from time to time, such that, you should not:
Browse, surf, process, scan or use the Website via operation of a computer program designed to gather information or perform operations imitating a human user (including, without limitation, Bots or Crawlers);
Manipulate the URL of the Website, or otherwise gain access to any internal pages to which we did not provided you with a direct link (including, without limitation, URL Hacking);
Transmit or otherwise make available any worm, virus, Trojan Horse, web-bug, spyware or any other program that is intended to damage the operation of the Website;
Carry out any action which may infringe the copyrights and/or any other proprietary of us or any other copyright holder;
Promote advertisements or disruptive commercial messages;
Copy, transmit, decompile, modify, create derivative works, reproduce, disassemble, republish, scrape, and/or reverse engineer any algorithm, code, syntax and/or any other content associated with the Website and/or any components thereof and/or act to collect, harvest and/or data mine any data associated with the Website and/or any of its users (whether by computer programs, identity theft, impersonation, or otherwise) and/or take any action which may be deemed as impersonating another person or entity, identity theft, holding multiple Accounts, etc.;
Handle and/or otherwise use any content offered or displayed on the Website in any manner or way that violates these Terms of Service;
Carry out any action which may infringe any laws, regulations, orders or any guidelines of any governmental authority, is likely to offend or harm any other users of the Website and/or the general public, or could reasonably be viewed as intended to offend or harm the feeling of any specific individual or group of people, including but not limited to the transmission of any sexual, indecent, pornographic or lewd material;
Intimidate, threaten, harass or abuse anyone in any manner;
Steal or attempt to steal passwords or other private information from other users of the Website;
Distribute, post or make any other use (or otherwise encourage or solicit the consumption or performance of) any illegal, explicit, inappropriate, racist, offending, defaming, disparaging and/or abusing content, or any content which deems to infringe any third party proprietary rights (including our rights);
Lease, sell, trade or otherwise transfer your Account; and,
Carry out any action which violates any community guidelines, Terms of Service and/or Privacy Notice, as prescribed herein and/or as otherwise published us from time to time.
External Links. You understand that our Website may contain certain external links to third party websites (including those of our business clients offering the Output Content) and/or any other promotional materials (the “External Content”). The External Content might be based upon information collected by us from our users, in accordance with our Privacy Notice. Regardless, we have no control over the content of the External Content, the order of its presentation or its accuracy, and we are not a direct party to any transaction resulting from such External Content (if applicable), and therefore assume no responsibility and/or any liability in that respect. In addition, we provide no warranty that the access, browsing and/or consummation of any External Content shall be safe, nor that the owners or controllers of such External Content have undertaken any security or protection measures (for example, we cannot verify, nor do we warrant, that the External Content shall be free of any errors, malware, spyware, phishing, Trojan horses, data mining and/or collection, or the likes thereof). Your use of any External Content shall be at your sole risk. We highly recommend you to verify the origin of any External Content prior to gaining access or otherwise using it.
Content and Ownership
Ownership. All rights, title and interest in and to the services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law, including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered, and any derivations thereof, are owned by and/or licensed to us (“Proprietary Content”). In the event that the Proprietary Content is licensed to us, then such content might be subject to additional restrictions by its owners.
No Other Rights. It is hereby clarified that these Terms of Service do not grant any right or interest in or to our intellectual property (or any part thereof), including without limitations, any of our Proprietary Content. Nothing in these Terms of Service constitutes an assignment or waiver of any of our property rights under any law.
Privacy and Data Protection
In addition to these Terms of Service, your use of the Website and/or the Services is also subject to our Privacy Notice, which informs you of our policies and procedures regarding the collection, use and disclosure of information we receive when you visit our Website and use any part of our services.
DESPITE US MAINTAINING REASONABLE MEASURES TO SECURE AND PROTECT YOUR ACCOUNT INFORMATION REGARDING USER’S ACCESS TO THE WEBSITE, WE CANNOT ENSURE FULL PROTECTION FROM EXPOSURE DUE TO MALICIOUS ACTS, AND THEREFORE ARE NOT BE LIABLE TO ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCURRED BY USER DUE TO ANY SUCH EXPOSURE OF ACCOUNT CONTENTS OR INFORMATION REGARDING USER’S ACCESS. YOU ARE HIGHLY ENCOURAGED TO MAINTAIN THE REQUISITE PROTECTION FOR YOUR MACHINE, SUCH AS MAINTANING AN UP-TO-DATE ANTIVIRUS AND/OR ANY ANTIMALWARE OR PHISHING SOFTWARE.
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE ABOVE, (I) WE MAKE NO WARRANTY THAT THE WEBSITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE OR AVAILABILE; including without limitations, in connection with any errors, bugs, viruses, Trojan horses and/or any other form of malware, server runtime and/or downtime (including any interruption or cessation of any data received and/or otherwise transmitted within the scope of the use of the Website), server security measures, content uploaded by other users and/or yourself (including any personal, financial and/or any other information) or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website, OR IN CONNECTION WITH ANY USERS’ (INCLUDING YOURSELF) VIOLATION OF THESE TERMS AND CONDITIONS. (II) WE DO NOT ENDORSE OR APPROVE ANY CONTENT PROVIDED BY ANY PARTY THAN US AND DISCLAIM ALL LIABLITY WHATSOEVER THERETO; AND (III) WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THIS WEBSITE, OR THE CONTENT IN TERMS OF ITS CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE. NOTHING HEREIN SHALL DEROGATE FROM ANY OTHER LIMITATION OF LIABILITY PRESCRIBED UNDER THESE TERMS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS WEBSITE (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS WEBSITE), (II) ACTION OR INACTION IN CONNECTION WITH THESE TERMS, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THIS WEBSITE OR YOUR WEBSITE, INCULDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
WITHOUT DEROGATING FROM THE GENERAL NATURE OF THE FOREGOING, WE ASSUME NO LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES, WORMS AND/OR OTHER MALICIOUS SOFTWARE WHICH MAY INFECT THE USER’S MACHINE(S) WITHIN THE SCOPE OF THE USE OF THE website.
Indemnification YOU SHALL INDEMNIFY US, including our DIRECTORS AND OFFICERS, EMPLOYEES, SERVICE PROVIDERS AND/OR ANY AFFILIATES (COLLECTIVELY: THE “INDEMNITEES”), FOR CLAIMS, SUITS, LOSSES AND/OR DAMAGES RESULTING FROM YOUR USE OF, ACCESS TO OR RELIANCE ON THE WEBSITE OR THE CONTENT OR FROM ANY 3RD PARTY CLAIMS OR COMPLAINTS ARISING FROM, OR IN CONNECTION WITH, YOUR FAILURE TO ACT IN ACCORDANCE WITH THESE TERMS, UPON THE INDEMNITEES’ FIRST DEMAND.
Governing Law; Class Action Waiver
Subject to any applicable law, all disputes between you and we shall only be resolved on an individual basis and you shall not have the right to bring any claim against us as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
These Terms of Service and/or any other manner pertaining to your use of the Website shall be governed and construed in accordance with the laws of the State of Israel, and the competent courts of Tel-Aviv, Israel, shall have sole and exclusive jurisdiction over any matter arising thereof. Both parties acknowledge the said forum as an adequate and appropriate forum which shall not cause any undue hardship on any of the parties.
Assignment You may not assign any rights and/or obligations you may have under these Terms of Service and/or Privacy Notice without our prior written consent. We may freely assign any of its rights and/or obligations herein, without limitations; provided that, your rights herein shall not be adversely affected.
You may terminate your relations with us in connection with the use of the Website at any time, by deleting your Account, and (if applicable) by ceasing to browse the Website (in the event that you have no active Account).
We may, at any time, terminate our relations with you by providing you with a notice to the contact information provided by you when setting up the Account. Grounds for termination may be, but are not limited to, any breach by you of these Terms of Service, and or your lack of acknowledgement (to the extent required) of any amendment thereto.
However, the Terms of Service in effect on the date of such termination, shall continue to be in force in connection with your use of the Website until the date of such termination (AND THE TERMS OF SECTIONS 5, 7 THROUGH 9 (Inclusive), AND SECTION 10 SHALL SURVIVE ANY TERMINATION, REGARDLESS OF REASON AND IDENTITY OF THE TERMINATING PARTY.
Contacting Us If you have cause to believe any content found in the Website (including such content provided by other users) to be in violation of these Terms and/or infringe any 3rd party proprietary rights and/or applicable law, kindly notify us of such content via email to firstname.lastname@example.org, stating the violating content and the nature of violation.